Brian Padayachee, a senior investigator at the Investigative Directorate Against Corruption, told the Madlanga commission on Thursday that Maj-Gen Philani Lushaba escaped disciplinary action over the theft of classified state property despite investigators concluding that his explanation for the incident was false.
Testifying before the commission, Padayachee said investigators found that Lushaba’s account, that he had been drugged by “ladies of the night” before his SAPS laptop and iPhone were stolen, did not withstand scrutiny. He said the matter should have resulted in formal disciplinary action.
Gen Khumalo let Lushaba off the hook
“General Lushaba was supposed to be charged, but he was not when Gen [Dumisani] Khumalo took over as the acting divisional commissioner months after the incident took place,” Padayachee testified.
He said the investigation had recommended a board of inquiry because classified state equipment had been lost.
“A board inquiry should have been instituted, and disciplinary steps should have been taken against Lushaba. Gen Khumalo did not do that.”
Padayachee added that Lushaba’s explanation for the theft ultimately turned out to be untrue.
Commission’s referral mandate
His evidence came as Commissioner Sandile Khumalo subjected him to lengthy questioning over both the Lushaba investigation and his probe into the appointment of Brig Dineo Mokwele, repeatedly testing whether Padayachee had followed the commission’s referral mandate.
Much of the questioning centred on allegations that Crime Intelligence secret-service funds were used to purchase a replacement laptop for Lushaba after his official computer was stolen.
Khumalo suggested Padayachee had strayed beyond the commission’s terms of reference by investigating the original theft instead of focusing on the alleged misuse of secret funds.
“The allegation is abuse of secret funds to buy new equipment for Gen Lushaba, not the tampering with the original docket,” Khumalo said.
Padayachee rejected the suggestion, saying the original theft investigation formed the foundation of the allegations before the commission.
‘Police docket the starting point’
He told the commission it was impossible to investigate allegations of a cover-up without first examining the underlying police docket.
“For me, that was a starting point. When we come to my part of the investigation, I will explain how further I went, to confirm that this indeed happened, that money from the secret fund was used to buy a new laptop for Gen Lushaba.”
Mokwele appointment probe
The hearing later shifted to Padayachee’s investigation into the appointment of Brig Dineo Mokwele.
Commissioner Khumalo highlighted that the original affidavit contained little more than allegations that a civilian employed by BMW had been appointed to a senior crime intelligence post through manipulated recruitment and security-vetting processes.
Asked how he approached the investigation, Padayachee said he began by examining the appointment process for the position identified in the affidavit.
“My first point is that I would look at the appointment process for civilians within crime intelligence,” he said.
He testified that investigators subpoenaed records relating to the Head of Technical Support Services post and, through those documents, established that “there was a person from BMW, a civilian, that was appointed.”
However, Khumalo questioned why the first Section 28 summons, issued on 31 January 2025, was directed at BMW rather than SAPS, even though the investigation concerned alleged manipulation of SAPS appointment processes.
The summons sought Mokwele’s employment records, including his application, salary history, qualifications, performance agreements and resignation documents.
“What informed you to make this particular selection of documents from BMW?” Khumalo asked.
Padayachee replied that investigators had already identified Mokwele before issuing the summons.
“We already had details at that time through the investigation processes,” he said.
When Khumalo repeatedly pressed him on where those details originated, Padayachee maintained they had emerged through investigative work conducted before the summons was issued.
“What I’m saying is through enquiries, speaking to people, and during the course of the investigation, you speak to people, that is how we got the information,” he testified.
- Maj-Gen Philani Lushaba's claim that he was drugged before state property was stolen was found false, but he faced no disciplinary action after Gen Dumisani Khumalo took over.
- Investigators recommended a board of inquiry and disciplinary steps for Lushaba due to the loss of classified equipment, but these were not pursued.
- Commissioner Sandile Khumalo questioned investigator Brian Padayachee on whether he stayed within the commission's referral mandate, particularly regarding the alleged misuse of secret-service funds to replace Lushaba’s stolen laptop.
- Padayachee defended his investigation approach, stating examining the original theft was essential to probe potential cover-ups tied to the purchase of replacement equipment with secret funds.
- Padayachee also investigated allegations of manipulated appointment processes involving Brig Dineo Mokwele, subpoenaing documents from BMW after identifying Mokwele through preliminary inquiries.
